Archbishop Gilbert Deya has lately become a common face at the Milimani Law Courts.
I once interviewed him on phone while he sojourned in the UK battling deportation, fighting arrest and the subsequent trial that finally brought him home.
He appears cool and collected, following proceedings pensively behind the cloak of unfamiliar ground.
A magistrate for the second time declined to order Immigration department to furnish Deya with “an itinerary showing his travel within the period of the charge sheet.”
It is not lost that he may mount a defence on the defectiveness of the charge as indicative of his lawyers, who want the travel records from May 1 1999 to the day he returned home.
The charge sheet shows offences were committed in 2004 at a house in Mountain View estate, Nairobi where police found five Deya miracle children allegedly stolen from unknown parents.
The lawyers also have a second limb, or is it a bone to chew, against the prosecution’s failure to provide “relevant” documentation concerning Deya’s case.
For fairness of a trial, they state they have to be given relevant documentation which the court has now directed compliance within 14 days.
“The accused has the right of knowing the nature of the case he faces and prepare adequately for defence…” John Swaka said.
He said he has since followed up with police and all he got was irrelevant to the case at a hand as “they highlight other cases.”
“It is not only absurd but ingenuine…it is the prosecution that has all along hyped the matter with claims that investigations have been going on for 10 years and that they were ready to prosecute,” Swaka said.
He said it now begs the question how come there is no relevant documentation to this effect.
The lawyer said, ” all documents do not disclose any ground which would be helpful to prepare a defence.”
A mention was set for August 31 2017 for compliance and seeing if a court order is necessary to secure Deya’s travel history from Immigration.